Musalia Mudavadi's test as vetting starts amid push and pull over roles

"The legislation shall amend the National Government Coordination Act of 2013 to include the office of the Prime Cabinet Secretary to align the functions of PCS as proposed in the existing structures under the Act," the agreement said.

The position has now generated a heated controversy after the minority side led by its leader Ugunja MP Opiyo Wandayi opposed it in Parliament.

He has challenged Speaker Moses Wetang'ula to provide directions on whether the vetting committee team should appraise Mudavadi tomorrow despite his position not being provided for in the Constitution.

Vetting exercise

Speaking when the Committee on Appointments met on Thursday to prepare for the vetting exercise, Wandayi argued that the Constitution only recognises offices of President, Deputy President, Cabinet Secretary and Attorney General positions and not that of Prime Cabinet Secretary.

The stand-off had long been anticipated but Garissa Township MP Aden Duale, who has served three terms in Parliament and will now also be vetted for the position of Cabinet Secretary for Defence, says there no cause for alarm.

"Wandayi and his colleagues don't know what they are talking about because the president's communication to Parliament did not mention Prime Cabinet Secretary," says Duale.

He told his colleagues in the minority to "simply look at their emails" and they will see the that the President's letter said Mudavadi had been appointed Cabinet Secretary.

The MP blamed his colleagues for failing to keenly read communications from the Speaker and yet they are readily available at the click of a button.

"I have never deleted all my communication from my records for the last 15 years that I have been in Parliament and I also always cross refer when necessary," said Duale.

He argued that the executive order the president sent to Parliament on Thursday was a follow-up to his appointment letter sent earlier that listed all names of CS nominees including Mudavadi.

And so the latest communication was to tell the House that he had allocated Mudavadi specific duties. "He will be vetted as a CS. It will be like Fred Matiang'i who was also vetted as a CS in the previous administration then assigned other roles through an executive order by the President."," said Duale.

Former President Uhuru Kenyatta made a similar appointment, through Executive Order no 1 of 2019 which made Dr Matiang'i a more powerful Cabinet Ssecretary of Interior and Coordination of Government.

And so if approved, Mudavadi will be a Cabinet Secretary with more responsibilities of coordinating of government ministries although some critics argue that his roles are opaque, making it appear that he is a minister without portfolio.

Major tasks

Ruto has also tasked him to lead the Kenya Kwanza administration's legislative agenda in consultation with him and his deputy Rigathi Gachagua.

Makueni Senator Dan Maanzo Maanzo contends that the position of Prime Cabinet Secretary does not exist under the current law and can only be created through a referendum.

"Unless you amend the Constitution by referendum, the Prime Cabinet Secretary must first become a CS so that he can be vetted by Parliament because there is no executive order which can amend the Constitution," said Maanzo.

He, however, regretted that there is a likelihood of the majority side forcing the appointments by the executive through because that has been the norm since 2013.

Speaking on KTN , the legislator said that the minority should have their say and majority their way but that should not allow committing illegalities.

"I have seen since 2013 that votes are found and they are forced through but Parliament should be allowed to do its job instead of using force to make somebody become a CS," said Maanzo.

Mudavadi has had a chequred political career having been nominated to parliament at the age of 28 years, before rising to the ranks of minister in different ministries, then later becoming Vice President and Deputy Prime Minister.

Although the President said Mudavadi will the third highest ranked person in his government, critics have argued that he has no specific roles like Raphael Tuju in the previous administration.

Saboti MP Caleb Amisi said Mudavadi will have no funding because he has no ministerial docket to receive a budgetary allocation and he will therefore only be drawing salaries. President Ruto said, while unveiling his Cabinet nominees, that Mudavadi's role will include assisting the president and the deputy in coordinating and supervising government ministries and State departments.

He will also facilitate inter-ministerial coordination of cross-functional initiatives and programmes.

Specific duties

It appears Ruto was keen to avoid a clash of roles and fighting over seniority between his deputy and Mudavadi but in so doing, made the latter look like an assistant without specific duties.

Wandayi told the Speaker that the position of Prime CS should be renamed and given another title because the office being created should not be allowed by Parliament.

Wetang'ula is now expected to give the way forward when the vetting committee convenes tomorrow morning before Mudavadi appears for commencement of the exercise. Others expected to be vetted tomorrow include the nominee for Attorney General's office Justin Muturi, who is the former National Assembly Speaker.

Duale, Kandara MP Alice Wahome and former Machakos governor Alfred Mutua will also appear before the committee on the same day to be questioned on their suitability for the Defence, Water and Foreign Affairs dockets, respectively.

Former Central Bank Governor Njuguna Ndung'u, the National Treasury nominee will appear on Tuesday, same to Davis Chirchir (Energy), Kithure Kindiki (Interior and National Administration), Moses Kuria (Trade) and Aisha Jumwa (Public Service).

The other Cabinet nominees will face the panel on various days until Saturday and all are expected to present clearance certificates from the Ethics and Anti-Corruption Commission, Kenya Revenue Authority, Higher Education Loans Board, Directorate of Criminal Investigations and Credit Reference Bureaus.